Financial Indemnity Company v. Saghari et al

Filing 28

ORDER by Judge Claudia Wilken Granting 12 Stipulation to be bound by any final resolution rendered by the court in this matter (ndr, COURT STAFF) (Filed on 2/6/2013)

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ZINDER & KOCH
A Professional Law Corporation
700 N. Brand Blvd., Smte 400
Glendale_, CA 91203
(818) !60-0100
Facsimile [phone]

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(SPACE BELOW PROVIDED FOR FILING STAMP ONLY)

Jeffrey E. Zinder, Esg.- SBN 089980
E-Mml: [e-mail]

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Attorneys for Plaintlf
FINANCIAL INDElYu ITY COMPANY
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UNITED STATES DISTRICT

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10 FOR THE NORTHERN DISTRICT OF CALIFORNIA-SAN JOSE BRANCH

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Case No.: CV12-05844 C W (ADR)
Assigned to Honorable C l a u d i a W i l k e n

12 FINANCIAL INDEMNITY
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COMPANY,

STIPULATION TO BE BOUND BY
ANY FINAL RESOLUTION
RENDERED BY THE COURT IN
THIS MATTER

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Plaintiff,
vs.

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17 BAHRAM SAGHARI, an individual,
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TABAN KARIMIAN, an individual,
JUAN ANTONIO RODRIGUEZGALLEGOS, an individual, JOE P.
BETTENCOURT, an individual,
STRAIGHT LINE GENERAL
CONSTRUCTION, INC., a California
corporation, and TOWN OF LOS
GATOS, a California Government entity.

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Defendants.

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IT IS HEREBY STIPULATED BETWEEN THE PLAINTIFF AND
DEFENDANT TOWN OF LOS GATOS AS FOLLOWS:

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STIPULATION AND ORDER

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That the Defendant TOWN OF LOS GATOS was properly served in this

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matter and has reviewed the Complaint.

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That the Defendant TOWN OF LOS GATOS desires to avoid the fees and

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costs of participating in the matter.

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3.

That the instant matter involves a determination of insurance coverage on a

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policy issued by the Plaintiff to Defendants JOE P. BETTENCOURT, an

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individual, and STRAIGHT LINE GENERAL CONSTRUCTION, INC., a

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California corporation, and that Defendant TOWN OF LOS GATOS is not a

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named or additional insured tmder said insurance policy.

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4.

That the Defendant TOWN OF LOS GATOS agrees to be bound by any

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detemlination made by the Court that resolves this matter as between the other

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party Defendants and the Plaintiff.

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5.

That Plaintiff agrees not to pursue any default as against Defendant TOWN

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OF LOS GATOS and upon approval of this Stipulation by the Court to

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dismiss without prejudice Defendant TOWN OF LOS GATOS from this

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matter.

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That Defendant TOWN OF LOS GATOS in exchange for the ability to not

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appear and fom1ally defend its position in this action to, and does hereby,

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waive any and all post judgment rights that it might otherwise have in the

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event that the Plaintiff is not the prevailing party at the conclusion of this case.

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7.

That should this Stipulation not be accepted and signed by the Court that the

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Defendant TOWN OF LOS GATOS will enter a general appearance.

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8.

That for all purposes this Stipulation shall be interpreted as if mutually drafted

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and may be signed by Counsel in separate Counter-parts.

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IIIII
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STIPULATION AND ORDER

01/04/2013

13:47 LAH OFFICES OF ZINDER & KOCH

(FAX)81B 760 0103

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: Januaryt/, 2013

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IDER, ESQ.

ANCIAL INDEMNITY COMPANY

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DATED: January tO, 2013

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, Jr., ESQ. Attorneys

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED:

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2/6/2013

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HONORABLE Claudia Wilken

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United States District Judge

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-3STIPULATION AND ORDER

P.OOS/005

G:\clients\FIC COVERAGE\12-lllll.Ol\!2-lllll.OlPROOFOFSERVICE-MEF.doc

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PROOF OF SERVICE BY MAIL

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(Pursuant to C.C.P. Section 1013a)

3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES:

I am employed in the County of Los Angeles, State of California. I am over the
age of 18 and not a paey to the within action; my business address is 700 North Brand
5 B1vd., Ste. 400, Glendale, CA 91203-4276.

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On January /f/ , 2013, I served the foregoing document described as
STIPULATION TO BE BOUND BY ANY FINAL RESOLUTION RENDERED
7 BY THE COURT IN TillS MATTER on all interested parties in this action
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X By placing [] the original [X] a true copy thereof enclosed in sealed envelopes
aaaTessecf as foliows:
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Attorney for Defendant,
10 Joseph C. Howard, Jr.
Town of Los Gatos
Howard, Rome, Martin & Ridle_y, LLP

1775 Woodside Road, Suite 200
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Redwood City, CA 94061

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Fax [phone]

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Attorney for Defendant,
Joe P. Bettencourt and
Straight Line General Construction, Inc.

Randy M. Hess, Esq.
14 Adleson, Hess & Kelly, APC
577 Salmar Avenue, Second Floor
15 Campbell, CA 95008
( 408) 341-0234
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_x_ ByMail

X As follows: I am "readily familiar" with the firm's practice of collection and
processmg correspondence for mailing. Under that practice it would be deposited with
19 the U.S. postal service on that same day with postage thereon fully prepaid at Glendale,
California in the ordinary course of business. I am aware that on motion of the party
20 served.; service is presumed invalid if postal cancellation date or postage meter date 1s
more tnan one day after the date of deposit for mailing affidavit.
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22 Executed on January

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/Y, 2013, at Glendale, California.

r X. l (S.tate) I declare. under the penalty of perjury under the laws of the State of
Cahforma that the above 1s true and correct.

[ ] (Federal) I declare that I am employed in the office of a men1ber of the bar of this

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- ,£.Lf

MARIA E. FLORES
Type or Print Name

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Proof of Service

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